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- Treat the transparent collective investment scheme as a notional company and the non-resident investors as participators in that notional company.
- The notional company fund profits are 225m and each equal partner has a 33.3% profits share of the entire income of the deemed corporate fund. That is 75m each.
- Because the transparent fund is deemed a corporate (for the purposes of the 20% rule) only non-resident partner C is treated as a connected party of the investment manager (being 100% owned by it) rather than all of the partners under CTA10/S1122(7) or ITA07/S993(4).
- Therefore the investment manager and persons connected to him have income from the fund in excess of the 20% limit of 45m and the 20% rule is not satisfied.
- Non-resident partner C’s UK profits would not be covered by the investment manager’s exemption provisions. The 20% rule is satisfied in respect of partners A and B.